What is Abu Hanifa's position regarding liability for torts committed by a mortgaged slave?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
Abu Hanifa holds that the pledgee is liable for the slave's tort. If the pledgee ransoms the slave, he is not reimbursed. If the mortgagor ransoms the slave or the slave is sold due to the tort, the pledge debt is extinguished if it equals the ransom amount. This is based on his fundamental principle that the pledge is a guarantee (*daman*) borne by the pledgee.